Aurora, Colorado – Richard Oliver, owner of Kingston Properties, LLC, avoided significant jail time but received probation and was ordered to pay restitution after pleading guilty to providing false statements related to an illegal asbestos abatement and cover-up. The case, originating in 2008, revealed a deliberate attempt to conceal a hazardous material incident and obstruct a state investigation.
According to court documents, between January and May of 2008, Oliver directed untrained workers to renovate an apartment within a Kingston Properties building in Aurora. Prior to the renovations, a certified contractor, after inspecting the property, alerted Oliver to the *potential* presence of asbestos and advised professional remediation. This warning was seemingly ignored. A subsequent inspection by the Colorado Department of Public Health & Environment (CDPHE) confirmed the presence of asbestos and led to the apartment being declared uninhabitable.
Rather than comply with regulations, Oliver allegedly ordered his apartment manager and son to illegally remove and dispose of the asbestos-containing materials over a weekend. This work was performed without proper safety equipment, training, or adherence to environmental regulations designed to protect both workers and the public. The cleanup was, in effect, an attempt to erase evidence of the initial violation from the CDPHE inspector.
The scheme didn’t end there. Oliver then allegedly attempted to influence a witness by offering a monetary bribe to an employee in exchange for altered testimony before a Statewide Grand Jury. The intent, according to the indictment, was to shift blame for the illegal asbestos abatement onto the contractor who initially raised concerns about the hazardous material. This blatant attempt at obstruction of justice ultimately contributed to the severity of the charges against Oliver.
Legal Ramifications
Oliver was initially charged with multiple counts, including two counts of causing and contributing to a hazardous substance incident, one count of knowing endangerment in violation of the Air Quality Act, one count of bribing a witness or victim, and false statements. He ultimately pled guilty on September 10, 2009, to the single count of providing false statements. As a result, Oliver received a sentence of 24 months of probation and was ordered to pay $8,000 in restitution to the Western States Project, an organization dedicated to environmental protection. While the charges related to the hazardous material handling and endangerment were dropped as part of the plea agreement, the case highlights the serious consequences of improperly handling asbestos and attempting to cover up environmental crimes.
Key Facts
- Defendant: Richard Oliver, owner of Kingston Properties, LLC
- Location: Aurora, Colorado
- Timeframe: January 1, 2008 – May 1, 2008
- Violated Statutes: Colorado State Laws relating to hazardous substance handling, air quality, witness tampering, and false statements.
- Charges: Initially charged with multiple counts including hazardous substance incident, endangerment, bribery, and false statements. Pled guilty to false statements.
- Sentence: 24 months probation and $8,000 restitution to the Western States Project.
- Asbestos Incident: Oliver directed untrained workers to renovate an apartment containing asbestos, then directed a cleanup to hide the violation.
This case serves as a stark reminder that environmental regulations are in place to protect public health and safety, and that attempts to circumvent these laws will be met with legal repercussions. The improper handling of asbestos is particularly dangerous, as exposure can lead to serious respiratory illnesses, including cancer.
Source: EPA ECHO Enforcement Case Database
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